BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 2275 (Hayashi) Hearing Date: 8/12/2010 Amended: 8/10/2010 Consultant: Katie Johnson Policy Vote: Health 8-0 _________________________________________________________________ ____ BILL SUMMARY: AB 2275 would prohibit a contract between a health care service plan, a specialized health care service plan, or an insurer and a dentist from requiring a dentist to accept a payment amount set by the plan for dental care services provided to an enrollee, but that are not covered services under the contract, commencing with provider contracts issued, revised, or renewed on or after January 1, 2011. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund CDI review dental policies minor and absorbable Special* and help-line calls DMHC oversight and $60 - $70 ongoing unknown, but likelySpecial** help center calls minor and absorbable *Insurance Fund **Managed Care Fund _________________________________________________________________ ____ STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED. This bill would prohibit a contract between a health care service plan, a specialized health care service plan, or an insurer and a dentist from requiring a dentist to accept a payment amount set by the plan for dental care services provided to an enrollee, but that are not covered services under the contract. This bill would also prohibit a provider from charging more for dental services that are not covered services under the contract or policy than his or her usual and customary rate for those services. This bill would apply to provider contracts that are issued, revised, or renewed on or after January 1, 2011. Recent amendments agreed to in the Senate Health Committee that were taken in this committee on August 10, 2010, and on which this analysis is based would require that health plan contracts and health insurance policies that are issued, amended, or renewed on or after July 1, 2011, include in their evidence of coverage and disclosure forms a notice that would inform enrollees and policyholders that a dentist may charge him or her his or her usual and customary rate for services not covered by the contract or policy and would direct enrollees and policyholders to contact their plan or insurer's member services, insurance broker, or CDI or the Office of the Patient Advocate (OPA) within DMHC if they wanted more information about their dental coverage options. The California Department of Insurance (CDI) would need up to $200,000 in FY 2010-2011 and up to $360,000 ongoing in staffing resources in order to comply with this bill, including to review filings and to answer consumer calls to its 800 number. Costs to the Page 2 AB 2275 (Hayashi) Department of Managed Health Care (DMHC) to perform similar duties would be about $60,000 to $70,000 in FY 2010-2011, and at least $150,000 in FY 2011-2012. For example, DMHC regulates Delta Dental, one of the largest dental plans in California with over 17 million members. If 0.1 percent of those members called the DMHC helpline for assistance for 15 minutes each, the department would need approximately 2.5 PYs to cover the workload. The proposed author's amendments would delete the reference to both departments in the disclosure and would encourage individuals to carefully review their coverage documents for details about their covered and non-covered benefits. These amendments would substantially reduce the costs of these provisions. Costs to CDI would be minor and absorbable and costs to DMHC would continue to be about $60,000 - $70,000 in FY 2010-2011, but would likely be minor ongoing.